Harold K. Gause v. Marcus Parker, Jr. and Samuel Hill

In The

Court of Appeals

Ninth District of Texas at Beaumont

______________________ NO. 09-08-205 CV ______________________

HAROLD K. GAUSE, Appellant

V.

MARCUS PARKER, JR. AND SAMUEL HILL, Appellees

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On Appeal from the 411th District Court Polk County, Texas Trial Cause No. CIV24040

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MEMORANDUM OPINION

On May 1, 2008, Harold K. Gause filed notice of appeal. The trial court verbally granted a temporary injunction but has not signed a written order. Generally, appellate courts review only final judgments and interlocutory orders specifically made appealable by statute. Lehmann v. Har-Con Corp., 39 S.W.3d 191, 195 (Tex. 2001). When the trial court grants a temporary injunction, the appellate timetables run from the date the trial court signs the written order. See Tex. R. App. P. 26.1(b). In this case, the trial court has not reduced its order to writing. The Court requested a written reply addressing this Court's jurisdiction, and informed the parties a failure to respond may result in dismissal of the appeal. The parties did not respond. Accordingly, the appeal is dismissed for want of jurisdiction.

APPEAL DISMISSED.

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DAVID GAULTNEY

Justice

  Opinion Delivered June 26, 2008

Before McKeithen, C.J., Gaultney and Kreger, JJ.